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How to complete a PON- Officers name is entered
- Rank does not have to be filled in and is optional
- Date and time of offence
- Time is 12 hour clock
- Name, address etc. as it appears of the drivers licence including area code
- “PO” means if the person had a post office box number
- DL number as it appears on the licence
- The last 6 digits are the offender’s date of birth working backwards – day/ month/
year
- (01 -11-00) – first day of the 11 month, 2000 – for female, add 50 to the month (61
instead of 11)
- Wording of the offence (located on the Ontario Court of Justice website), provincial
act and section
- Vehicle information is included if a vehicle is involved in the offence
- CVOR gets completed for commercial vehicles
- Officer signs Certificate of Offence after Offence Notice is issued
- Fine as stated by the Ontario Court of Justice, victim surcharge and court costs
- Summons area does not get completed
- After issuing the offence notice, the officer will make notes on the back page of the
ticket (seen here beside the ticket)
- The officer will include all specific facts-in-issue to prove the offence
- The officer does not have to repeat any of the information recorded on the face of the
Certificate of Offence (name, DOB etc.)
- The Certificate of Offence and notes will be submitted to the course within 7 days in
the event the offender requests a trial
Provincial Offences Act
What is the purpose of the POA?
It governs the prosecution and execution of enforcement action for all pieces of legislation
passed by the Ontario Government
First enacted in 1979
Includes charging process, limitation periods, arrest, use of force and search authorities
Some of these things can also be found in the individual provincial acts
Charging limitation under the POA is 6 months but LLA is 2 years to lay a charge or arrest
authority for a liquor offence is found in the LLA not the POA
Legal Terminology
Statute - a law created, repealed, or revised by a majority vote of the elected members of
parliament (federal) or the legislative assembly (provincial)
Example: Residential Tenancies Act (RTA) - s. 21 is landlord responsibilities - can't withhold
a reasonable supply of vital services
Vital service is defined as hot/cold water, fuel, electricity and gas
, Regulation - law created or revised under the authority of a statute by the cabinet or a
cabinet minister for the province
Example: RTA s. 233 - a person is guilty of the offence if they withhold a reasonable supply
of a vital service, care service or food or interferes with the supply in contravention of section
21
Bylaw - a law created or revised under the authority of a statute by a municipality
City of London: 4.1 animals - maximum 2 per dwelling
Subject to subsection 4.1.1, no person shall keep more than two animals in a
dwelling unit or on any premises, regardless of the ownership of the animals
Animal defined - includes birds and reptiles but does not include fish or dogs
Federal vs Provincial Statutes
Examples of Federal - Criminal Code, YCJA, Controlled Drugs and Substance Act
Examples of Provincial - Liquor Licence Act, Mental Health Act, Trespass to Properties Act,
Cannabis Control Act
Federal offences are applied and enforced by law enforcement agencies across Canada
Provincial Offences are applied and enforced by law enforcement agencies within the
province
Which of the following is not a provincial offences act?
Youth Criminal Justice Act
Applying the Law through Enforcement
A primary tier for many of the provincial statutes is enforcement by provincial offences
officers (includes police officers). This involves investigating an offence and laying a charge
against the offender by way of a Part I Certificate of Offence (Offence Notice portion goes to
offender), Part II parking ticket or a Part III information and summons.
Enforcement will include a fine or a court appearance where the offender, if convicted, could
receive a fine or jail time (Part III only) as a punishment. No jail time if charged under Part 1
At times, an offender could have their behavior restricted such as a driver's licence
suspension for driving offences
Applying the Law through Intervention
Intervention - Investigating a problem and using a power or authority to apprehend the
person to take them somewhere for help (Mental Health Act apprehension of a person in
mental health crisis)
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